Balasubramanian v. Rethinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA and C.M.P.No.16223 of 2018 Balasubramanian @ Sivasubramaniam ..Appellant vs.

1. Rethinam

2. Rajendran (Died)

3. Dakshinamurthy

4. Balakrishnan

5. Parvatham ..Respondents (R5 is impleaded as the legal heir of deceased R2 vide order of this Court, dated 17.02.2025 made in C.M.P.No.8757/2022) PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the decree and judgment dated 27.11.2017 in A.S.No.39 of 2016 on the file of the Subordinate Court, Mayiladuturai, upholding the decree and judgment dated 11.08.2016 in O.S.No.30 of 2013 on the file of the Additional District Munsif Court, Mayiladuturai. For Appellant : Mr.B.Jawahar For Respondents : Mr.A.Muthukumar

JUDGMENT

A Joint Compromise Memo dated 01.04.2025 duly signed by both the appellant and the respondents and their respective counsels is filed and the same is recorded.

2. In view of the above, the second appeal is disposed of as per the terms of the Compromise recorded. The Memorandum of Compromise dated 01.04.2025 shall form part of the decree in this second appeal. The affidavit filed by the appellant to the effect that he would be vacating the suit property on or before 20.03.2026 and pay the entire arrears of rent and damages for use and occupation to the first respondent within a week is also recorded. No costs. Consequently, connected civil miscellaneous petition is closed. 01.04.2025 Index: Yes/No Speaking/Non-Speaking order vum

To

1. The Subordinate Judge, Mayiladuturai.

2. The Additional District Munsif, Mayiladuturai.

3. The Section Officer, VR Section, High Court, Madras.

R. HEMALATHA, J.

vum and C.M.P.No.16223 of 2018 01.04.2025